Page:United States Statutes at Large Volume 102 Part 1.djvu/387

 102 STAT. 349

PUBLIC LAW 100-297—APR. 28, 1988

are more readily available and more easily understood by educators, policymakers, and the general public, and methods by which items will be reviewed to identify and exclude items which reflect racial, cultural, gender, or regional bias. The report shall be developed after consultation with educators. State education officials, members of the Board appointed under paragraph (5), and the general public. "(C) The report required by this paragraph shall be submitted to Public the Congress and made available to the public. The appropriate information, authorizing committees of the Congress may request the Secretary to modify the plan contained in the report. The Secretary shall take such actions as may be appropriate to carry out the recommendations contained in the report.". (b) AUTHORIZATION OF APPROPRIATIONS.—Section 405 of the Act is 20 USC I22ie. amended by striking out subsection (e) and by redesignating subsections (f) and (g) as subsections (e) and (f), respectively. (c)

RESERVATION

OF

FUNDS

FOR ASSESSMENTS.—(1)

Section

405(fKl)(D) of the Act (as redesignated by subsection (b)(D) is amended to read as follows: "(D) Not less than $9,500,000 for the fiscal year 1989, and such sums as may be necessary for each of the fiscal years 1990 through 1993, shall be available to carry out section 406(i) of this Act (relating to the National Assessment of Education Progress);". (2) Section 405(fKlXE) of the Act (as redesignated by subsection (a)(1)) is amended by inserting a comma and "except for subsection (i) of that section," immediately after "Act". PART D—GENERAL EDUCATION PROVISIONS ACT SEC. 3501. ENFORCEMENT UNDER THE GENERAL EDUCATION PROVISIONS ACT. (a) AMENDMENT TO PART E OF G E P A. — Part E of the General

Education Provisions Act is amended to read as follows: "PART E—ENFORCEMENT "SEC. 451. OFFICE OF ADMINISTRATIVE LAW JUDGES.

"(a) The Secretary shall establish in the Department of Education an Office of Administrative Law Judges (hereinafter in this part referred to as the 'Office') which shall conduct— "(1) recovery of funds hearings pursuant to section 452 of this Act, "(2) withholding hearings pursuant to section 455 of this Act, "(3) cease and desist hearings pursuant to section 456 of this Act, and "(4) other proceedings designated by the Secretary. "(b) The administrative law judges (hereinafter 'judges') of the Office shall be appointed by the Secretary in accordance with section 3105 of title 5, United States Code. "(c) The judges shall be officers or employees of the Department. The judges shall meet the requirements imposed for administrative law judges pursuant to section 3105 of title 5, United States ( ^ e. In choosing among equally qualified candidates for such positions the Secretary shall give favorable consideration to the candidates' experience in State or local educational agencies and their knowl-

Establishment. 20 USC 1234.

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